FACT SHEET ON THE 751 SOMALIA SANCTIONS COMMITTEE (1992)
[Pages:2]FACT SHEET ON THE 751 SOMALIA SANCTIONS COMMITTEE (1992)
Chair (as of 10 August 2020)
Philippe Kridelka (Belgium)
Mandate
Oversee implementation of the sanctions measures; consider and decide upon notifications and requests for exemptions; designate individuals and entities; receive and send notifications regarding maritime interdiction of charcoal and arms; examine member states' reports; examine the reports presented by the Somalia Panel of Experts; examine the findings of the arms and ammunition joint verification team for Somalia; report every 120 days to the Security Council on the implementation of the sanction measures; conduct outreach activities.
Types of Sanctions
Somalia: Open-ended general arms embargo and targeted arms embargo on designated individuals and entities; travel ban; assets freeze; charcoal ban. Authorisation of maritime interdiction of charcoal and arms expires on 15 November 2021.
Since the adoption of resolution 2498 of 15 November 2019, the sanctions regime has included an improvised explosive device components ban. All states are called upon to prevent the direct or indirect sale, supply or transfer of the items from their territories or by their nationals outside their territories, or using their flag vessels or aircraft if there is evidence to demonstrate that they will be used, or a significant risk they may be used, in the manufacture of improvised explosive devices in Somalia.
The Council lifted all sanctions imposed on Eritrea and terminated the mandate of the Somalia and Eritrea Monitoring Group in resolution 2444 of 14 November 2018. In that same resolution, the Council requested the Secretary-General to keep it informed of developments towards the normalisation of relations between Eritrea and Djibouti and to report to the Security Council no later than 15 February 2019 and every six months thereafter, and expressed its intention to keep this request under review in light of developments. In resolution 2498 and repeated in resolution 2551 the Council instead requested the Secretary-General to provide an update yearly. In resolution 2551 this update was requested no later than 31 July 2021.
Number of Listed Individuals/ Entities
15 individuals/one entity. Most recent listings: 8 March 2018 in press release SC/13242.
Travel Ban/Asset Freeze Listing Criteria
? engaging in, or providing support for, acts that threaten the peace, security or stability of Somalia; ? acting in violation of the arms embargo; ? obstructing the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia; ? recruiting or using children in armed conflicts in Somalia in violation of applicable international law; ? being responsible for violations of applicable international law in Somalia involving the targeting of civilians including children
and women in situations of armed conflict, including killing and maiming, sexual and gender-based violence, attacks on schools and hospitals, and abduction and forced displacement; ? engaging in the direct or indirect export or import of charcoal from Somalia, whether or not such charcoal originated in Somalia; ? engaging in any non-local commerce via Al-Shabaab controlled ports, which constitutes financial support for a designated entity; or ? misappropriating financial resources which undermine the Transitional Federal Institutions' and their post-transition successors' ability to fulfil their obligations in delivering services within the framework of the Djibouti Agreement.
Exemptions
Arms embargo: supplies of non-lethal military equipment intended solely for humanitarian or protective use; supplies of weapons or military equipment and technical assistance for the development of the security forces of the FGS or for the purposes of helping develop other Somali security sector institutions; supplies of weapons or military equipment or the provision of assistance to UN personnel, the AMISOM, the EU Training Mission in Somalia, member states or international, regional and subregional organisations undertaking measures to suppress acts of piracy and armed robbery at sea off the coast of Somalia at the request of the FGS; supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia or Eritrea by UN personnel, representatives of the media and humanitarian and development workers and associated personnel.
Travel ban (currently no exemptions in effect): humanitarian grounds, including religious obligation; to further the objectives of peace and stability in the region; to further the objectives of peace and national reconciliation in Somalia.
Assets freeze: for basic expenses; for extraordinary expenses; for expenses subject to a judicial, administrative or arbitral lien or judgement.
Delisting Procedures
Member states may at any time submit to the Committee requests for delisting of individuals and entities inscribed on the sanctions lists. An individual seeking to submit a request for delisting can do so either directly to the Focal Point for Delisting or through his/her state of residence or nationality.
A state can decide that as a rule, its nationals or residents should address their delisting requests directly to the Focal Point for Delisting.
Monitoring Mechanism/Panel of Experts
Panel of Experts based in Nairobi comprised of six experts, five of which were last appointed on 16 December 2019: Natascha Hryckow, maritime/regional (Australia, coordinator) Nazanine Moshiri, armed groups (Islamic Republic of Iran) Brian O'Sullivan, armed groups/natural resources(Ireland) Matthew Rosbottom, finance (UK) Richard Zabot, arms (France)
The sixth expert was appointed on 13 January 2020: Irene Raciti, humanitarian affairs (Italy) On 29 May 2020, upon the resignation of the previous armed groups expert, a new expert was appointed: Patrick Loots, armed groups (South Africa). The Panel's mandate was last extended on 12 November 2020 in resolution 2551, until 15 December 2021. Most recent publicly available report was submitted on 28 October 2020.
Security Council Report 8 December 2020
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FACT SHEET ON THE 751 SOMALIA SANCTIONS COMMITTEE (1992)
Decision-Making
Committee Reporting to the Council Open Briefings for Wider UN Membership Summary of Committee Activities (1 Jan-31 Dec 2019)
Member States Reporting Obligations
Committee decisions are made by consensus. If consensus cannot be reached, the matter may be submitted to the Security Council. Decisions may be taken by a written "no-objection procedure" within five working days or, in urgent situations such shorter period as the chair shall determine. If no objection is received by the end of the specified period, the proposed decision will be deemed adopted. Members can place a hold on a proposed decision, but normally not for more than six months. An extension of up to one month can be requested based on "extraordinary circumstances."
The chair of the committee is required to brief the Council at least every 120 days. These briefings take place in either open meetings or closed consultations.
Briefings by the chair in 2020: two (27 February,9 June, and 28 October)
According to the Committee Guidelines, the chair will on a regular basis hold briefings for all interested member states. Public briefings at the Council were held recently on 27 February9 June 2020, and 28 October.
Meetings: one informal consultations (on 17 January).
Due to COVID-19 working methods, the committee also met four times in informal informals (on 29 April, 27 May, 14 September, and 9 October).
In addition to regular meetings with its Panel of Experts, the committee met with the UN Mine Action Service, UN Office for the Coordination of Humanitarian Affairs, and the UN Office on Drugs and Crime.
The Chair of the committee, along with some committee members, also made a trip to Mogadishu from 21-23 January 2020. There, he met with the President and Prime
Minister of the Federal Government of Somalia and other interlocutors.
Actions taken by the Committee: ? On 3 August 2020, the committee adopted Implementation Assistance Notice No. 3 aimed at providing guidance on the
implementation of the improvised explosive device components ban. ? The Panel of Experts made 23 recommendations in its final report of 28 September 2020. Committee members agreed
to take note of the nine recommendations addressed to the Council and further agreed to take actions pursuant to the 14 recommendations addressed to it by the Panel.
Resolution 2551 requested the Somali government to report by 1 February 2021 and then by 1 August 2021 on the structure, composition, strength and disposition of its security forces, and the status of regional and militia forces. It also requested information regarding the destination of imported arms once distributed, as well as that future Joint Verification Team reports of the cross-reference serial numbers of weapons documented by the JVT with available records detailing the distribution of arms to the security forces. Member states are to strictly follow the procedures for notifying the Council when providing assistance to develop Somali security sector institutions. Member states that conduct maritime interdiction activities are also required to promptly notify the committee and submit a report on the inspection. Resolution 2551 noted with concern reports that member states were not adequately following the notification procedures set out in prior resolutions and reminded states of their obligations and urged them to follow notification procedures strictly.
UN Documents
Security Council Resolutions
S/RES/2551 (12 November 2020) extended various elements of the Somalia sanctions regime until 15 November 2021.
S/RES/2498 (15 November 2019) extended various elements of the Somalia sanctions regime until 15 November 2020.
S/RES/2444 (14 November 2018) was a resolution lifting sanctions on Eritrea and extending various elements of the Somalia sanctions regime until 15 November 2019. S/RES/1907 (23 December 2009) imposed an arms embargo and targeted sanctions against Eritrea.
S/RES/751 (24 April 1992) established a Committee
to oversee a general and complete arms embargo on Somalia.
Sanctions Committee Documents
S/2020/949 (28 October 2020) was the Panel of Expert's final report.
S/2020/470 (29 May 2020) was a letter from the Secretary-General transmitting the name of a new armed groups experts after the resignation of the previous expert.
S/2020/42 (13 January 2020) was a letter from the Secretary-General transmitting the name of the final, sixth expert appointed to the panel of experts.
S/2019/858/Corr.1 (14 February 2020) was a corrected version of the report on Somalia sanctions.
S/2019/977 (16 December 2019) was a letter from the Secretary-General transmitting the names of five appointed to the panel of experts.
S/2019/858 (1 November 2019) was the report from the Panel of Experts on Somalia.
Other
S/2020/1004 (15 October 2020) was a report from the UN Resident and Humanitarian Coordinator for Somalia on the implementation of resolution 2498 and on any impediments to the delivery of humanitarian assistance in Somalia.
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Security Council Report 8 December 2020
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